PEOPLE v. CONNER

Reset A A Font size: Print

Supreme Court, Appellate Division, Fourth Department, New York.

PEOPLE of the State of New York, Plaintiff-Respondent, v. Walter O'CONNER, Defendant-Appellant.

Decided: September 30, 2005

PRESENT:  PIGOTT, JR., P.J., HURLBUTT, GORSKI, PINE, AND HAYES, JJ. Edward J. Nowak, Public Defender, Rochester (Drew R. DuBrin of Counsel), for Defendant-Appellant. Michael C. Green, District Attorney, Rochester (Stephen X. O'Brien of Counsel), for Plaintiff-Respondent.

On this appeal from a judgment convicting him upon a plea of guilty of criminal possession of a weapon in the third degree (Penal Law § 265.02 [4] ), defendant contends that he was effectively denied his right to counsel at a critical stage of the proceedings, i.e., at sentencing.   We reject that contention.   At no point was defense counsel relieved of his assignment, and defense counsel never “indicated that he did not intend to say anything with respect to” defendant's sentencing (People v. Bell, 141 A.D.2d 749, 750, 529 N.Y.S.2d 845).   Without consulting defense counsel, defendant rejected Supreme Court's offer to permit him to withdraw his guilty plea, having been informed by the court that he faced the possibility of being sentenced as a persistent felony offender if convicted after trial.   Defense counsel continued to participate in the sentencing proceedings, however, and further advised defendant concerning the right to appeal.   Finally, “[d]efendant received the bargained-for sentence, and thus we reject his further contention that the sentence is unduly harsh or severe” (People v. Santiago, 1 A.D.3d 957, 957, 767 N.Y.S.2d 322, lv. denied 1 N.Y.3d 601, 776 N.Y.S.2d 232, 808 N.E.2d 368;  see People v. Candelario, 307 A.D.2d 771, 772, 762 N.Y.S.2d 856, lv. denied 1 N.Y.3d 595, 776 N.Y.S.2d 227, 808 N.E.2d 363).

It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.

MEMORANDUM: